Print

[The Stanford Series] ROBERT STANFORD ACCUSED OF `MASSIVE FRAUD’ BY SEC

Statement from the SEC:

____________
FOR IMMEDIATE RELEASE 2009-26

SEC CHARGES R. ALLEN STANFORD, STANFORD INTERNATIONAL BANK FOR MULTI-BILLION DOLLAR INVESTMENT SCHEME

Washington, D.C., Feb. 17, 2009 – The Securities and Exchange Commission today charged Robert Allen Stanford and three of his companies for orchestrating a fraudulent, multi-billion dollar investment scheme centering on an $8 billion CD program.

Stanford’s companies include Antiguan-based Stanford International Bank (SIB), Houston-based broker-dealer and investment adviser Stanford Group Company (SGC), and investment adviser Stanford Capital Management. The SEC also charged SIB chief financial officer James Davis as well as Laura Pendergest-Holt, chief investment officer of Stanford Financial Group (SFG), in the enforcement action.

Pursuant to the SEC’s request for emergency relief for the benefit of defrauded investors, U.S. District Judge Reed O’Connor entered a temporary restraining order, froze the defendants’ assets, and appointed a receiver to marshal those assets.

“As we allege in our complaint, Stanford and the close circle of family and friends with whom he runs his businesses perpetrated a massive fraud based on false promises and fabricated historical return data to prey on investors,” said Linda Chatman Thomsen, Director of the SEC’s Division of Enforcement. “We are moving quickly and decisively in this enforcement action to stop this fraudulent conduct and preserve assets for investors.”

Rose Romero, Regional Director of the SEC’s Fort Worth Regional Office, added, “We are alleging a fraud of shocking magnitude that has spread its tentacles throughout the world.”

The SEC’s complaint, filed in federal court in Dallas, alleges that acting through a network of SGC financial advisers, SIB has sold approximately $8 billion of so-called “certificates of deposit” to investors by promising improbable and unsubstantiated high interest rates. These rates were supposedly earned through SIB’s unique investment strategy, which purportedly allowed the bank to achieve double-digit returns on its investments for the past 15 years.

According to the SEC’s complaint, the defendants have misrepresented to CD purchasers that their deposits are safe, falsely claiming that the bank re-invests client funds primarily in “liquid” financial instruments (the portfolio); monitors the portfolio through a team of 20-plus analysts; and is subject to yearly audits by Antiguan regulators. Recently, as the market absorbed the news of Bernard Madoff’s massive Ponzi scheme, SIB attempted to calm its own investors by falsely claiming the bank has no “direct or indirect” exposure to the Madoff scheme.

According to the SEC’s complaint, SIB is operated by a close circle of Stanford’s family and friends. SIB’s investment committee, responsible for the management of the bank’s multi-billion dollar portfolio of assets, is comprised of Stanford; Stanford’s father who resides in Mexia, Texas; another Mexia resident with business experience in cattle ranching and car sales; Pendergest-Holt, who prior to joining SFG had no financial services or securities industry experience; and Davis, who was Stanford’s college roommate.

The SEC’s complaint also alleges an additional scheme relating to $1.2 billion in sales by SGC advisers of a proprietary mutual fund wrap program, called Stanford Allocation Strategy (SAS), by using materially false historical performance data. According to the complaint, the false data helped SGC grow the SAS program from less than $10 million in 2004 to more than $1 billion, generating fees for SGC (and ultimately Stanford) of approximately $25 million in 2007 and 2008. The fraudulent SAS performance was used to recruit registered investment advisers with significant books of business, who were then heavily incentivized to reallocate their clients’ assets to SIB’s CD program.

The SEC’s complaint charges violations of the anti-fraud provisions of the Securities Act of 1933, the Securities Exchange Act of 1934 and the Investment Advisers Act, and registration provisions of the Investment Company Act. In addition to emergency and interim relief that has been obtained, the SEC seeks a final judgment permanently enjoining the defendants from future violations of the relevant provisions of the federal securities laws and ordering them to pay financial penalties and disgorgement of ill-gotten gains with prejudgment interest.

The Commission acknowledges the assistance and cooperation of the Financial Industry Regulatory Authority (FINRA) in connection with this matter. FINRA independently developed information through its examination and investigative processes that contributed significantly to the filing of this enforcement action.

The SEC’s investigation is continuing. 

Article Series - The Stanford Series

  1. As Stanford allegations fly, the SEC investigates...
  2. US MARSHALS SEEN ENTERING HOUSTON OFFICE OF STANFORD FINANCIAL GROUP - REUTERS EYEWITNESS
  3. Arise, Sir Allen...lest we assume the worst
  4. Sir Allen's Antigua, or the curious case of Stanford International Bank
  5. ROBERT STANFORD ACCUSED OF `MASSIVE FRAUD' BY SEC
  6. The fractal Stanford
  7. The full SEC complaint against Stanford
  8. Stanford scandal in pictures
  9. It's just not cricket
  10. Have you seen this bank?
  11. Where in the world is Sir Allen?
  12. What does the 'F' stand for in FINRA?
  13. Stanford's mysterious billions
  14. Stanford's AIM foray
  15. A Freudian slip?
  16. Sir Allen Stanford, you've been served
  17. But which passport will he surrender?
  18. SIB and Stanford Trust Company Limited put into receivership
  19. Eastern Caribbean Central Bank "takes control" of the Bank of Antigua
  20. The Stanford campaign donations: pay 'em back, not forward
  21. Clients of Allen, by the numbers
  22. This land is our land, Antigua government to say
  23. Antigua government moves closer to seizing Stanford properties
  24. From "investment fraud" to "massive Ponzi scheme"
  25. New details on alleged "massive Ponzi scheme"
  26. Stanford's US employees join the jobless queue
  27. Irony du jour
  28. Invested with Sir Allen? The FBI wants you (to contact them)
  29. Stanford pleading the fifth
  30. IRS says Sir Allen owes $200m in back taxes
  31. Ralph Janvey to Stanford employees: BYOB
  32. Laura Pendergest-Holt agrees to extend indictment deadline
  33. Vantis reports "significant shortfall of assets" at Stanford International Bank
  34. Sir Allen speaks
  35. Stanford victims unite!
  36. Frozen-out Stanford investors petition Congress
  37. Antiguan financial services providers launch PR offensive
  38. The SEC has strong words for Sir Allen Stanford
  39. When it came to Sir Allen Stanford, many warnings went unheeded
  40. Sir Allen's cowboy lawyer
  41. Authorities still failing to get along
  42. Laura Pendergest-Holt to face more charges, Fox Business says
  43. The DEA connection
  44. Avast, ye salty Stanford lawfirm website
  45. Judge rules Sir Allen Stanford must stay in jail pending trial
  46. Stanford CFO James Davis "intends to plead guilty", laywer says
  47. Sir Allen's request to unfreeze funds for legal fees denied
  48. The Tripoli-St John's Nexus
  49. "Fraud victims" want $24bn from the government of Antigua and Barbuda
  50. Sir Allen discovers there's no air conditioning in jail
  51. James Davis pleads guilty to charges related to that $7bn Ponzi
  52. Big Brother's blood oaths
  53. "The investors ought not have to pay for the receiver's PR firm"
  54. Sir Allen's Bellagio problem
  55. Stanford's Bellagio debt, redux
  56. A public defender rides to Sir Allen's rescue
  57. Allen Stanford, puppetmaster: By Freddie Flintoff
  58. Jail proving a big headache for Sir Allen [UPDATED]
  59. Arise Allen Stanford, un-knighted...
  60. Ponzi victims, unite!
  61. Strategies to cope with the SEC
Print